An opinion piece by Simon Wilson
Why the Treaty bill breaches Actâs own principles
Itâs 21 years since American novelist Toni Morrison won the Nobel Prize for Literature and almost 50 years since she told an audience in Portland, Oregon: âThe function, the very serious function of racism is distraction. It keeps you from doing your work. It keeps you explaining, over and over again, your reason for being.â
Thatâs what David Seymourâs Treaty Principles Bill is doing right now and will continue doing for at least the next six months.
How does that bill sit with the Act Party, whose founding principles include respect for contract law, property law and the rule of law in general?
The scope of the Treaty of Waitangi is far grander than its narrow legal status. But as has been noted by more than 40 kingâs counsels and former Prime Minister Dame Jenny Shipley, Actâs bill fails on basic legal grounds just as much as it does on harder-to-define cultural and social ones.
The fact is, the Treaty is a contract. It explicitly recognises property rights.
Itâs true MÄori and PÄkehÄ had different understandings of what âpropertyâ meant in 1840. But in relation to Seymourâs bill, thatâs neither here nor there. In this contract, the Crown committed to upholding what it understood to be the property rights of MÄori.
That is not in dispute.
Now, Act wants the Crown to walk away from its commitment.
If this was a good-faith debate about a problem with the contract, as Act claims, we wouldnât be going about it like this. The process would start with good-faith dialogue between the descendants of the Treaty signatories. Thatâs the Crown on one side and iwi and hapu on the other.
If the issue really was how to build a cohesive society by safeguarding the democratic rights of all citizens, as Act claims, the same would apply.
But Act didnât do that. Instead, it wants one party to the contract â the Crown â to rewrite the deal to suit itself.
In practice, this is what Sir George Grey did. He secured more land for settlers by ignoring the understanding of the Treaty that had prevailed on both sides when it was signed. That caused the wars of the 1860s and eventually led to the long, ongoing process of redress we now know as the work of the Waitangi Tribunal.
Why is the Act Party set on a course that ignores contract law and property rights?
Because it doesnât really care about property rights? I bet it does.
Or because it doesnât care about the property rights of iwi and hapĹŤ? So much for the âone law for allâ principle it pretends to be upholding with its Treaty bill.
Why is it doing this? Because during the six months of select committee hearings, Seymour will be able to tour the country building his party base among everyone who thinks MÄori have been allowed to âget away with too muchâ.
As for Christopher Luxon, how is it that the coalition agreement is an inviolable contract, but the Treaty of Waitangi is not? Heâs a fool for getting the country into this mess.
What should he do now? Enable six months of chaos, or pull the plug: honour this commitment, or that one? Either option will cause an uproar.
The best thing is to do the right thing. Over time, it will become the only defensible position and itâs also, plainly, in the best interests of the country. Thereâs a principle to stand solid on.
Meanwhile, the distraction of racism. Thereâs so much work to do, in economic development, healthcare, housing, education, workersâ rights, the environment, welfare support, making the culture bloom, building the community that can sustain it all. So many people are hard at work doing all that. And this distraction undermines it all.
Which, as Toni Morrison said, is the point.